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NSW Internal Promotion - Employer Hasn't Upheld Offer

Discussion in 'Employment Law Forum' started by AlexAlex, 27 May 2015.

  1. AlexAlex

    AlexAlex Member

    27 May 2015
    Likes Received:
    Hi, I was offered an internal "promotion" role just prior to the start of 2014/15 financial year with a large Australian Company. The role was offered to me at the same remuneration via email but noting
    1. I'd be entitled to discretionary bonus
    2. I'd be entitled to CPI increase
    3. The role was being regraded within 1 year

    Essentially, I'd not be financially impacted.

    Nearly a year on, the company is still "looking into it" since the manager making the offer has moved on but I do still have the email offer and confirmation that all others within the business received points 1 & 2. My performance overall is above average and not being disputed. In fact, point 3 has taken place resulting in me taking on 3 direct reports and increased responsibility yet no change of remuneration

    I'm not sure how I can proceed from here though. My salary package is around $120k and so exceeds the limit that Fair Work Australia would be interested. I'm overall satisfied with the work I do and don't want to cutoff nose to spite the face so to speak by leaving to simply prove a point
    I've remained amicable and gotten on with the job at hand but in short, I need something to push them along to resolve this!

    Is this now a legal matter or are there other avenues I could consider? If legal, any employment law help for where to start this process? I feel that the amount is worth pursuing legally.

    All advice welcome.

  2. Ivy

    Ivy Well-Known Member

    10 February 2015
    Likes Received:
    Hi there,

    Firstly, you're correct in that there doesn't appear to be any breach of your rights under employment law from the information you have provided.

    I think that your best bet is to organise a meeting with your employer and negotiate a pay raise (or whatever other benefits you are hoping for) on the basis of your achievements, your responsibilities etc. You could look up statistics on the average income of someone in your position and make points about why the work you do is worth more to the company than what is reflected in your current salary.
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  3. Sophea

    Sophea Guest

    Hi AlexAlex,

    I agree with Ivy. I don't know of any rights which would entitle you to enforce this promised internal promotion. There's no contractual obligation that can be enforced and unless you have relied on the promise to your detriment it doesn't come with the scope of estoppel. I agree that private negotiation would be the best option.

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